Emails and Encryption: What Is a Lawyer to Do?
Recent examples of lawyers' email accounts being hacked are numerous.
July 09, 2018 at 06:05 PM
2 minute read
Roy E. Hadley Jr., Adams & Reese, Atlanta.
Encryption Generally
- That communicates highly sensitive or confidential information via email or unencrypted email connections;
- To or from an account that the email sender or recipient shares with others;
- To a client when it is possible that a third person (such as a spouse in a divorce case) knows the password to the email account or to an individual client at that client's work email account, especially if the email relates to a client's employment dispute with his employer;
- From a public or a borrowed computer or where the lawyer knows that the emails may be read on a public or borrowed computer or on an unsecure network;
- If the lawyer knows that the recipient may access it on devices that are potentially accessible to third persons or are not protected by a password; or
- If the lawyer is concerned that the NSA or other law enforcement agency may read the email, with or without a warrant.
How to Encrypt Email: The Nuts and Bolts Summing It Up Roy E. Hadley Jr. is an attorney with Adams and Reese who serves as independent counsel to boards and board committees on cyber matters, helping them understand and mitigate legal risks and exposures to protect themselves and the companies they serve. He previously served as special counsel to the president of the American Bar Association and as special assistant attorney general for the state of Georgia.
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